Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Atkins, Assemblywomen Sumter, Speight, Park and Haider
SYNOPSIS
Prohibits residential landlord from charging application fee greater than cost of credit check or related service.
CURRENT VERSION OF TEXT
As introduced.
An Act limiting the amount of residential rental application fees and supplementing chapter 8 of Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. An landlord, or agent thereof, shall not require an application fee to lease or sublease the residential property for dwelling purposes of more than a sum equal to the actual cost of a credit check or other related services paid for by the landlord or agent to a third party, unless the sum exceeds $30. If the expense to the landlord or agent for services associated with the application exceeds $30, however, then the landlord or agent shall not require more than $30 as an application fee.
2. A landlord who violates section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
a. be liable for a penalty of $250, which shall be collected and enforced by summary proceedings pursuant to the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court, Law Division, Special Civil Part in the county in which the residential rental property is located shall have jurisdiction over the proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of Community Affairs or the Attorney General; and
b. at the discretion of the applicant for the residential rental property, be subject to a separate cause of action by the applicant in the Superior Court, Law Division, Special Civil Part in the county in which the rental premises are located. The applicant may recover $250 for an offense by the landlord, in addition to reasonable attorneys fees or expenses.
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill prohibits landlords from charging potential residential rental tenants application fees greater than the actual cost of a credit check or other related services paid by the landlord, to a maximum of $30.
The bill also establishes a penalties for a landlords violation of the bill of $250, enforceable in an action brought by the Commissioner of Community Affairs or Attorney General and in a separate cause of action brought by and at the discretion of the applicant for the landlords residential property, who may recover, in addition to the $250 penalty, reasonable attorneys fees or expenses.
This bill would take effect on the first day of the fourth month next following enactment.